Legal Opinion

Kooper v. Kooper

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 2010PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

Angiolillo, J.

On this appeal we consider principles governing the discovery of documents from nonparties pursuant to CPLR 3101 (a) (4), which provides that the party seeking disclosure must give notice stating “the circumstances or reasons such disclosure is sought or required” from the nonparty. Specifically, the question arises whether a party must establish the existence of “special circumstances” warranting discovery from a nonparty in order to successfully oppose a motion to quash a subpoena duces tecum served on that nonparty. Many of our cases continued to apply…

2Cases cited59 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
  3. Cirale v. 80 Pine Street Corp.New York Court of Appeals · 1974
  4. Prichep v. PrichepAppellate Division of the Supreme Court of the State of New York · 2008
  5. Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998

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3Cited by52 opinions

  1. Kapon v. KochNew York Court of Appeals · 2014
  2. Accent Collections, Inc. v. Cappelli Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Giordano v. New Rochelle Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  4. Bernardis v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2012
  5. Del Vecchio v. Danielle Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012

47 more not listed; retrieve them via the Exa API.

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